Kenedy v. Berryhill

MEMORANDUM OPINION AND RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

L.
Patrick Auld United States Magistrate Judge.

Plaintiff,
Tammy S. Kenedy, brought this action pursuant to the Social
Security Act (the “Act”) to obtain judicial
review of a final decision of Defendant, the Acting
Commissioner of Social Security, denying Plaintiff's
claim for Disability Insurance Benefits (“DIB”)
and Supplemental Security Income (“SSI”). (Docket
Entry 2.) Defendant has filed the certified administrative
record (Docket Entry 9 (cited herein as
“Tr.__”)), and both parties have moved for
judgment (Docket Entries 12, 16; see also Docket
Entry 13 (Plaintiff's Brief), Docket Entry 17
(Defendant's Memorandum)). For the reasons that follow,
the Court should enter judgment for Defendant.

I.
PROCEDURAL HISTORY

Plaintiff
applied for DIB and SSI, alleging an onset date of August 3,
2011. (Tr. 226-39.)[1] Upon denial of those applications
initially (Tr. 133-54, 181-85) and on reconsideration (Tr.
155-80, 190-205), Plaintiff requested a hearing de novo
before an Administrative Law Judge (“ALJ”) (Tr.
206-07). Plaintiff, her attorney, and a vocational expert
(“VE”) attended the hearing. (Tr. 60-112.) The
ALJ subsequently ruled that Plaintiff did not qualify as
disabled under the Act. (Tr. 10-34.) The Appeals Council
thereafter denied Plaintiff's request for review (Tr.
1-6, 7-9, 305-06), making the ALJ's ruling the
Commissioner's final decision for purposes of judicial
review.

In
rendering that disability determination, the ALJ made the
following findings later adopted by the Commissioner:

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